An order of attachment granted before service is made on the defendant against whom the attachment is granted is valid only if, within sixty days after the order is granted, a summons is served upon the defendant or first publication of the summons against the defendant is made pursuant to an order and publication is subsequently completed, except that a person upon whom the order of attachment is served shall not be liable for acting upon it as if it were valid without knowledge of the invalidity. If the defendant dies within sixty days after the order is granted and before the summons is served upon him or her or publication is completed, the order is valid only if the summons is served upon his or her executor or administrator within sixty days after letters are issued. Upon such terms as may be just and upon good cause shown the court may extend the time, not exceeding sixty days, within which the summons must be served or publication commenced pursuant to this section, provided that the application for extension is made before the expiration of the time fixed.
§ 1319.Service of summons
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1992 · Last verified July 21, 2026
In one sentenceSection 1319 requires that a summons be served on the defendant, or publication completed, within sixty days after an order of attachment is granted before service, or the attachment loses its effect, with extensions available for good cause and special rules when the defendant dies.
Full Text of CPLR 1319
Plain-English Summary
An order of attachment can issue before the defendant is ever served, but section 1319 keeps that head start from lasting indefinitely. If the order was granted before service, it stays valid only if, within sixty days, a summons is served on the defendant or the first publication of the summons is made under a court order and later completed. A person who acted on the order as valid, without knowing it had lapsed, is not liable for that reliance.
The section also addresses what happens if the defendant dies during that window: the order remains valid only if the summons is served on the defendant's executor or administrator within sixty days after letters are issued. A court can extend the original sixty-day period, by up to sixty more days, for good cause, but the application for that extension must be made before the original deadline expires.
This deadline ties attachment to the underlying lawsuit's progress, so property cannot stay frozen under an order tied to a case the defendant has never been told about. It works alongside sections 1317 and 1318, which govern how the order itself is obtained and filed, and section 1330, which describes when an attachment ends for good.
Frequently Asked Questions
How long after an attachment order is granted must I be served with the summons?
Sixty days, or the order loses its validity, subject to a possible extension.
What happens if I die before I'm served with the summons in a forfeiture case?
The order remains valid only if the summons is served on your executor or administrator within sixty days after letters are issued.
Can the court give the claiming authority more time to serve me?
Yes, up to sixty additional days for good cause, but the extension application must be made before the original sixty-day deadline runs out.
If the attachment order becomes invalid because I wasn't served in time, is someone who relied on it liable?
No, a person who acted on the order as valid, without knowledge of the invalidity, is not liable for that reliance.
Does publishing the summons satisfy this sixty-day deadline?
Yes, first publication under a court order, followed by completed publication, satisfies the requirement in place of personal service.
Amendment History
Add, L 1984, ch 669, § 1; amd, L 1992, ch 216, § 11, eff July 1, 1992.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: summons deadline attachment forfeiture New Yorksixty day service attachment New Yorkattachment before service of summonsforfeiture defendant died before service